Patrick O'Donovan (Limerick County, Fine Gael) | Oireachtas source

To go back to the points of Deputies Lahart and Brophy, I reiterate that a person applying for a licence under section 254 of the Act must provide the planning authority with such plans and other information concerning the position, design and capacity of the appliance, apparatus or structure as the authority may require. I am not getting into the ins and outs of a particular planning application because I am precluded from doing so in this House, but I am sure Deputies will know themselves, since they have been members of local authorities, that there is a mechanism by which that can be checked in each and every local authority.

I stopped responding to Deputy Paul Murphy's point because I ran out of time. I will address it now. With regard to the case that is the subject of an ongoing appeal to the board, the board must be allowed to complete its determination of the appeal without interference.

With regard to the case that is the subject of an ongoing judicial review process, the court must be allowed to issue a final judgment. Further to processes that are currently under way, these cases may later be subject to enforcement proceedings by the relevant planning authority in accordance with Part VIII of the Act. Should these circumstances arise, they will be a matter for the relevant planning authority concerned.

The role of the Minister with responsibility for planning is mainly to provide and update the legislative and policy guidance framework. I have noted Deputy Brophy's point on amending legislation and upcoming legislation and will ask the Minister of State responsible, Deputy O'Donnell, to revert to him directly. The legislative framework comprises the Planning and Development Act 2000, as amended, and the associated Planning and Development Regulations 2001, as amended. It is a matter for the relevant planning authority, the board and the courts to consider each case before them individually on a case-by-case basis.

The planning system provides a balanced and proportionate approach regarding the provision of telecommunications infrastructure. The planning Act provides that decisions of planning authorities for both section 254 licences and planning applications to be appealed to the board and in turn for decisions of the board must be subjected to judicial review.

As outlined in the response I have provided to the Dáil, I am unable to comment on the specifics of any individual case. Ongoing appeals to the board or judicial reviews must be let run their course, and where breaches of the planning code do occur, including proceeding with the installation of a telecommunications mast prior to the conclusion of the statutory planning process, there are enforcement powers available to the relevant planning authorities under the planning Act to address any issues as they arise.

See this speech in context